Tour Merchandise Pro distribution permissions and end-user license agreement
MUNCHMARX PUBLISHING ADMIN. END-USER LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY: This End-User License Agreement (EULA) is a legal agreement between you, either an individual or an entity, the ("End-User"), and Munchmarx Publishing Admin. ("MPA") governing your use of any software you acquired from MPA. This EULA shall apply to software products wherein a EULA is not provided to you by a MPA licensor or supplier. THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. PLEASE SEE SECTION 8 BELOW.
The SOFTWARE PRODUCT includes computer software, the associated media, any printed materials, and any "online" or electronic documentation. By turning on the system, opening the shrink-wrapped packaging, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, MPA is unwilling to license the SOFTWARE PRODUCT to you. In such event, you may not use or copy this SOFTWARE PRODUCT, and you should promptly contact MPA for instructions on returning it.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
a. Software. MPA grants you a license to use one copy of the SOFTWARE PRODUCT on one COMPUTER ("COMPUTER").
"Use" means storing, loading, installing, executing or displaying the SOFTWARE PRODUCT. If the SOFTWARE
PRODUCT is licensed for "concurrent use," you may not allow more than the maximum number of authorized users to use
the SOFTWARE PRODUCT concurrently.
b. Back-up Copy. If MPA has not provided a back-up copy of the SOFTWARE PRODUCT, you may make a single back-
up copy of the SOFTWARE PRODUCT. You may use the back-up copy solely for archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a. Limitation on Reverse Engineering, Decompilation and Disassembly. You may not modify, reverse engineer,
decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.
b. Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts and any
upgrades may not be separated for use on more than one computer.
c. Single COMPUTER. The SOFTWARE PRODUCT is licensed with the COMPUTER as a single integrated product. The
SOFTWARE PRODUCT may only be used with the COMPUTER.
d. Rental. You may not rent or lease the SOFTWARE PRODUCT.
e. Software Transfer. You may not rent or lease the SOFTWARE PRODUCT, but you may permanently transfer the
SOFTWARE PRODUCT, including all prior versions and upgrades, provided you retain no copies and the recipient agrees
to the terms of this Agreement.
f. Termination. Without prejudice to any other rights, MPA may terminate this EULA if you fail to comply with the terms
and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its
g. Language Version Selection. MPA may have elected to provide you with a selection of language versions for one or
more of the SOFTWARE PRODUCTS. If the SOFTWARE PRODUCT is included in more than one language version, you
are licensed to use only one of the language versions provided. As part of the setup process for the SOFTWARE
PRODUCT you will be given a one-time option to select a language version. Upon selection, the language version
selected by you will be set up on the COMPUTER, and the language version(s) NOT selected by you will be
automatically and permanently deleted from the hard disk of the COMPUTER.
3. COPYRIGHT. All title to and copyrights in the SOFTWARE PRODUCT (including but not limited to any images, photographs,
animations, video, audio, music, text and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying
printed materials, and any copies of the SOFTWARE PRODUCT, are owned by MPA or its licensors or suppliers. You
may not copy the printed materials accompanying the SOFTWARE PRODUCT. All rights specifically granted under this
EULA are reserved by MPA and is licensors or suppliers.
4. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one media. Regardless of the type
or size of media you receive, you may use only one media that is appropriate for the COMPUTER. You may not use or
install the other media on another COMPUTER. You may not loan, rent, lease or otherwise transfer the other media to
another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and any accompanying documentation are and
shall be deemed to be "commercial computer software" and "commercial computer software documentation," respectively,
as defined in DFAR 252.227-7013 and as described in FAR 12.212. Any use, modification, reproduction, release,
performance, display or disclosure of the SOFTWARE PRODUCT and any accompanying documentation by the United
States Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent
expressly permitted by the terms of this Agreement.
6. LIMITED WARRANTY. MPA warrants that the media on which the SOFTWARE PRODUCT is distributed is free from defects
in materials and workmanship for the period of ninety (90) days from your receipt thereof. You exclusive remedy in the
of any breach of the foregoing warranty shall be, at MPA`s sole option, either (a) a refund of the amount you paid for the
SOFTWARE PRODUCT or (b) repair or replacement of such media, provided that you return the defective media to MPA
within ninety (90) days of your receipt thereof. The foregoing warranty does not cover damages to the media caused by
accident, abuse or misapplication. Any replacement media will be warranted as set forth above for the remainder of the
original warranty period or thirty (30) days from your receipt of such replacement media, whichever is longer. EXCEPT AS
EXPRESSLY SET FORTH HEREIN, MPA, ITS LICENSORS OR SUPPLIERS HEREBY DISCLAIMS ALL WARRANTIES,
EXPRESSED, IMPLIED AND STATUTORY, IN CONNECTION WITH THE SOFTWARE PRODUCT AND ANY
ACCOMPANYING DOCUMENTATION, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND FITNESS FOR A PARTICULAR
7. LIMITATION OF LIABILITY. IN NO EVENT WILL MPA, ITS LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, COVER OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE
THE SOFTWARE PRODUCT, USER DOCUMENTATION OR RELATED TECHNICAL SUPPORT, INCLUDING WITHOUT
LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA OR
COMPUTER PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MPA,
ITS LICENSORS` OR SUPPLIERS` LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE PRODUCT.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. Dispute Resolution. You agree that any Dispute between You and MPA will be resolved exclusively and finally by arbitration
administered by the National Arbitration Forum (NAF) and conducted under its rules, except as otherwise provided below.
The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between You and MPA.
The arbitration shall be held at any reasonable location near your residence by submission of documents, by telephone,
online or in person. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and
judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a Dispute in a forum
other than NAF, the arbitrator may award the other party its reasonable costs and expenses, including attorneys` fees,
incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution
provision. You understand that, in the absence of this provision, You would have had a right to litigate disputes
through a court, and that You have expressly and knowingly waived that right and agreed to resolve any
Disputes through binding arbitration. This arbitration provision shall be governed by the Federal Arbitration Act,
9 U.S.C., Section 1, et seq. For the purposes of this provision, the term "Dispute" means any dispute, controversy, or
claim arising out of or relating to (i) this Agreement, its interpretation, or the breach, termination, applicability or validity
thereof, or (ii) the related purchase or use of any product or service from MPA; the term "MPA" means Munchmarx
Publishing Admin., its subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents or assigns; and the
term "You" means you the original purchaser, or those in privity, such as family members or beneficiaries. Information
may be obtained from the NAF online at www.arb-forum.com, by calling 800-474-2371 or writing to P.O. Box 50191,
Minneapolis, MN, 55405.
9. Miscellaneous. This Agreement is governed by the laws of the United States and the State of Iowa, without reference to
conflicts of law principles. The application of the United Nations Convention on Contracts for the International Sale of
Goods is expressly excluded. This Agreement sets forth all rights for the user of the SOFTWARE PRODUCT and is the
entire agreement between the two parties. This Agreement supersedes any other communications with respect to the
SOFTWARE PRODUCT and any associated documentation. This Agreement may not be modified except by a written
addendum issued by a duly authorized representative of MPA. No provision hereof shall be deemed waived unless such
waiver shall be in writing and signed by MPA or a duly authorized representative of MPA. If any provision of this
Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The parties confirm that
it is their wish that his Agreement has been written in the English language only.